This is a guide on making a personal injury claim following a lifeguard accident at work. We will outline the eligibility criteria you must meet to bring forward a claim, some potential accidents a lifeguard may be at risk of, and the injuries they could sustain.
We will also look at statistics relating to workplace accidents from the governing body responsible for health and safety in the workplace.
You must be aware of the time limits for starting a personal injury claim which we will discuss, and we will also look at how accident at work compensation claims are calculated.
An accident at work could result in injuries ranging from minor, with little impact on your quality of life, to severe and life-changing. These injuries can also cause you to suffer financial losses, such as loss of earnings. Continue reading this guide to learn whether you could be eligible to bring forward a personal injury claim.
You could also speak to a member of our team at Accident Claims UK for confidential legal advice that comes at no cost. Our advisors can provide a consultation regarding your claim. Should they find that it may be eligible, they could place you in contact with one of our personal injury claims solicitors, who can offer to work on your case under a No Win No Fee agreement.
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If your case meets the eligibility criteria, you may be able to bring forward a case suing your employer for a lifeguard injury. The Health and Safety At Work etc. Act 1974 (HASAWA) outlines the duty of care that all employers owe to their employees. Under this legislation, employers must take all reasonably practicable steps to ensure your safety in the workplace. These steps can include providing proper training to employees and ensuring risk assessments are carried out.
The eligibility criteria to make a personal injury claim for an accident at work is as follows:
- Your employer owed you a duty of care at the time and location of the accident
- They breached their duty of care
- This breach led to you sustaining physical or psychiatric injuries
This defines employer negligence. Should you choose to pursue a personal injury claim, we recommend gathering evidence to prove your employer’s liability. Please get in touch with a member of our team to learn whether you may have an eligible case and receive advice on the evidence you could use to prove negligence.
A potential lifeguard accident could have a number of different causes. For example:
- Wet and slippery flooring could cause a slip, trip, and fall accident
- Unsanitary waters could present health hazards
- Risk of drowning
- Exposure to toxic chemicals and other substances hazardous to health that are used to clean and maintain swimming pools in places such as leisure centres
- Falling from a height, such as a watchtower
- Manual handling
If you can prove that your employer breached their duty of care and this led to a lifeguard accident at work in which you sustained injuries, you may be eligible to make a claim. Contact our team of advisors for more information.
Following a lifeguard accident, you may sustain various injuries or illnesses. These could include the following:
- Cuts, grazes, or lacerations
- Fractures or broken bones
- Soft tissue injuries
- Head and brain injuries
- Chemical burns
- Heat stroke or exhaustion
- Psychological injuries
You may have been injured psychologically or physically, which could negatively impact your quality of life.
Workplace Injury Statistics
The Health and Safety Executive (HSE), Britain’s workplace health and safety regulator, compiles useful workplace injury statistics based on self-reports from the Labour Force Survey (LFS). The summary statistics for 2022 show that in 2021/22:
- There were 1.8 million new or long-standing work-related ill health cases
- 36.8 million working days were lost due to non-fatal workplace injuries and work-related ill health
- There were 0.5 million new or long-standing work-related musculoskeletal disorder cases.
When making a personal injury claim following a lifeguard accident at work, it is important to confirm that you are within the relevant time limits. The Limitation Act 1980 states that generally, you will have three years to begin your claim from the date of the accident.
There are exceptions to these time limits in the following scenarios:
- The person was under eighteen at the time of the accident.
- The person lacks the mental capacity to make a claim.
For more advice regarding the time limit applicable to your claim, speak to one of our advisors. If relevant, they can provide further information on how these exceptions could affect your claim.
In a successful personal injury claim following a lifeguard accident at work, you could receive up to two types of compensation, general and special damages. Firstly, we will explain general damages, which cover the psychological and physical pain and suffering that your injuries have caused.
Solicitors may use the updated Judicial College Guidelines (JCG) for 2022 to help them value the general damages head of claim. Therefore, we have also chosen to use this document when creating the table below. Please remember that these figures do not represent the amount you will receive. They are a guide, as each case is different.
|Brain Damage||Very Severe (a)||There is little if any show of a meaningful response to the environment and little to no language function. The person will need nursing care full time.||£282,010 to £403,990|
|Brain Damage||Moderately Severe (b)||There is serious disability and a substantial dependence on others. Constant professional and other care is needed.||£219,070 to £282,010|
|Brain Damage||Moderate (c)(i)||There will be a moderate to severe intellectual deficit and an effect on the person's personality, sight, speech, and senses alongside a significant risk of epilepsy.||£150,110 to £219,070|
|Brain Damage||Less Severe (d)||There has been a good recovery and the person will be able to partake in normal social life and return to work.||£15,320 to £43,060|
|Neck Injuries||Severe (a)(iii)||Injuries involving fractures, dislocations, ruptured tendons and/or severe soft tissue damage leading to disabilities that are significant and permanent as well as chronic conditions.||£45,470 to £55,990|
|Arm Injuries||Less Severe (c)||There has been significant disabilities. However, a substantial level of recovery will be expected or will have already occurred.||£19,200 to £39,170|
|Back Injuries||Moderate (b)(i)||A broad variety of injuries can fall within this bracket, for example, damage to an intervertebral disc alongside irritation of the nerve root and reduced mobility.||£27,760 to £38,780|
|Back Injuries||Moderate (b)(ii)||Back injuries that are frequently encountered, such as disturbance of muscles and ligaments leading to backache, soft tissue injuries that result in the exacerbation of a back condition that was pre-existing, or prolapsed discs that create a need for laminectomy.||£12,510 to £27,760|
|Wrist Injuries||(c)||An injury of a less severe nature that still results in some permanent disability, such as stiffness and persisting pain.||£12,590 to £24,500|
|Shoulder Injuries||Serious (b)||Shoulder dislocation and damage to the lower portion of the brachial plexus causing aching in the elbow, pain and sensory symptoms.||£12,770 to £19,200|
You could also receive a payout under special damages, covering past and future monetary losses incurred by your injuries. You will need to provide evidence when claiming these financial losses.
Examples of losses and evidence accompanying them include:
- Travel costs – tickets
- Loss of earnings – payslips
- Home adaptations – invoices and receipts
Speak to our advisors for further advice on claiming compensation for a personal injury. They can provide an estimate of the amount of compensation that you could be eligible to receive.
When pursuing personal injury compensation following a lifeguard accident, you may work with a solicitor, as they will have experience navigating the claims process. A solicitor may offer to work on your case under a No Win No Fee agreement, which could benefit both you and your claim. A Conditional Fee Agreement (CFA) is a type of this arrangement.
Under a No Win No Fee agreement, you generally won’t be required to pay for your solicitor’s services if your claim is unsuccessful. However, if your claim is successful, your solicitor can deduct a small success fee from the compensation. Legislation caps this amount at a percentage.
This type of agreement also means that you typically won’t pay upfront fees for your solicitor’s services, nor will you pay for these services whilst your claim is ongoing.
If you want to know more about No Win No Fee agreements, don’t hesitate to contact our advisors.
To reach us, you can:
Workplace Claims Guides
If you found this guide useful, you can find more information on our website:
- The Accident At Work Claim Process Explained
- £100,000 Compensation Payout For A Fractured Neck
- A Guide To Head Injury Compensation Claims
For further resources, please visit these external sites:
- Report Accidents and Illnesses – HSE
- Statutory Sick Pay (SSP) – GOV.UK
- Acid and Chemical Burns – NHS
Thank you for reading our guide on claiming personal injury compensation for a lifeguard injury at work. To speak to a member of our team or ask any questions, please use the details provided in the guide.